Research On Civil Electronic Evidence Cross-Examination Rules

The development of information technology has greatly changed the lifestyle of modern people.In addition to bringing convenience to daily life,electronic evidence based on information technology has gradually appeared in many legal disputes.When a large amount of electronic evidence enters the proceedings,how to apply reasonable evidence rules to it has become a new problem to be solved.The cross-examination rule is a key component of the litigation evidence rule,and is a practical and operable evidence criterion in the cross-examination procedure.Perfect cross-examination rules have a very positive role in ensuring the smooth progress of litigation procedures,regulating the parties ’cross-examination activities,improving the efficiency of the cross-examination,and clarifying the main points of the cross-examination.At the same time,the cross-examination rules also play a very important role in protecting the parties’ right to cross-examination and helping the judge to ascertain the truth of the case.As one of the statutory types of evidence,electronic evidence has both the universality of being “in the same vein” as the traditional cross-examination rules and its “different” particularity in its specific cross-examination rules.In general,research on the rules of cross-examination of electronic evidence is a positive response to the current judicial practice and has practical significance.On the thinking of writing,first of all,it describes the theoretical basis of the electronic evidence cross-examination.Before talking about the electronic evidence cross-examination rules,it’s necessary to analyze the relevant concepts and characteristics of electronic evidence.Combined with the specific content of the traditional cross-examination rules,the generality and particularity of the electronic evidence cross-examination rules are summarized from the main body of the cross-examination,the object of the cross-examination,and the content of the cross-examination.Secondly,through the analysis of practical cases and the reference to some data materials,the status of electronic evidence cross-checking is summarized.There are two main points: First,the parties generally replace the original electronic evidence with a "paper" printed copy in the process of cross-examination;Second,the parties’ excessive reliance on traditional notarization during cross-examination.The above two methods seem to be "reasonable ",but there are great drawbacks for the parties to fully exercise their right to cross-examination and select the appropriate cross-examination rules to apply.Then,it analyzes and draws on the cross-region electronic evidence cross-examination rules.Common law countries have complete legislation on electronic evidence rules,coupled with litigation tradition of "party doctrine",the development of electronic evidence cross-examination rules is relatively complete,which can be selected as the best.Although the civil law countriesdon’t have more specific rules of electronic evidence,their specific operation methods have more practical reference significance for our country.Finally,it is a suggestion to perfect the rules of cross-examination of electronic evidence in China.First,establish basic rules for cross-examination based on the original evidence.Although the original electronic evidence can be expanded to explain,in any case,an isolated print of electronic evidence that cannot prove the authenticity of its source isn’t in the scope of electronic evidence,and the relevant cross-examination rules for electronic evidence cannot be applied to it;The parties are limited to professional abilities and cannot explain the professional knowledge related to electronic evidence from time to time.Perfecting the related auxiliary certification mechanism is the way to solve this problem.